Official newsletter of the
Pennsylvania Judicial System

Issue 1, 2021

In this issue

Read about the AOPC’s latest human-trafficking 
awareness efforts, the benefits of various IT training 
webinars, the positive outcomes of OCFC’s Family 
Engagement initiative and more.

1

Pennsylvania Supreme Court Justice Max Baer swearing in the Pennsylvania electors on  Dec. 14, 2020.  
Photo credit: Commonwealth Media Services 

Justice Baer swears  
in PA Electoral College 

On Dec. 14, Pennsylvania’s electors unanimously cast their ballots for President Joe Biden and Vice President 
Kamala D. Harris. While former Pennsylvania Secretary of State Kathy Boockvar presided over the session, 
Pennsylvania Supreme Court Justice Max Baer

Max Baer (pictured above) was given the honor of swearing in the 20 electors. 

Pennsylvania's electoral votes were delivered to the U.S. Senate and were counted on Jan. 6, 2021 in a joint session 
of Congress to determine the national electoral vote. 

Copies of Pennsylvania’s electoral votes were also delivered to both the Archivist of the United States in Washington, 
D.C., and to Chief Judge John E. Jones III of the District Court of the U.S. for the Middle District of Pennsylvania per 
the U.S. Code.

2

The many benefits of  
AOPC/IT training webinars

questions throughout the session. 

Not only are these webinars 
excellent for bite-sized topics that 
court staff do not work with often or 
need to refresh their skills, but they 
have also proven to be an effective 
tool for quickly sharing information 
about a procedural change, such as 
the expungement changes in 2020.

There is no doubt that in-person 
training is still a needed approach 
as it allows for the participants 
to practice during the instruction. 
However, webinars have been 
especially efficient as they 
allow for the faster exchange of 
information since they don’t require 
the coordination of training room 
reservations, hotels stays and travel 
time – saving both time and money.

Another major perk of these 
webinars is that multiple sessions 
can be posted quickly with a 
scheduling tool, giving more 
opportunities for attendees to 
register for a time slot that works 
with their schedule. Most webinars 
have also been recorded to allow the 
courts to view the sessions at their 
convenience. 

Additionally, if someone wants ad-
hoc training, WebEx allows for one-
on-one training on a topic or feature 
that a court user chooses. The basic 
and advanced class curriculums 
cover all topics, but if someone 
prefers individual training or has a 
unique issue, a ‘Chat with a Trainer’ 
session can be scheduled.

These webinars are offered for each 
case management system and offer 
a set schedule of training topics, 
sessions and dates.  

(continued ... )

AOPC Trainer, Alan Knisely, teaching a webinar. 

Proven to be an effective approach 
to provide case management 
system training for the courts, 
the Administrative Office of 
Pennsylvania Courts (AOPC) has 
been offering webinars using 
WebEx for the past seven years. 

However, due to in-person training 
restrictions this past year, AOPC 
training teams relied even more on 
this remote training tool. 

The sessions are generally short 
in length – usually an hour or two 
of tailored content compared to 
traditional multiple days of hands-
on training.

During these webinars, a 
combination of PowerPoint slides 
along with demonstrations are used 
to explain a case management 
system’s functionality and 
attendees can ask the trainer 

3

Types of training webinars

Magisterial District Judge System (MDJS)
Magisterial District Judge System (MDJS)

Currently, the MDJS training team offers a total of 23 
different live webinars each month on topics ranging 
from physical case file destruction to multiple case 
payment plans – and everything in between.  

In 2020, a total of 227 MDJS webinars were offered 
and 1,363 participants joined those sessions.

Recently, a new course has been developed and is 
currently offered for GTS Act 24 reporting, and system 
training continues to be offered on an ongoing basis 
to court-appointed guardians for their online filing of 
inventory and annual reports.  

Pennsylvania Appellate Court Case 
Pennsylvania Appellate Court Case 
Management System (PACMS)
Management System (PACMS)

Common Pleas Case Management System 
Common Pleas Case Management System 
(CPCMS)/PACFile
(CPCMS)/PACFile

Virtual training has been relied upon for quite a while, 
especially for new law clerk training which is tailored 
to the particular chambers. 

Similar to the MDJS training, a suite of simple 
45-minute to one-hour sessions focus on specific 
areas of the systems. 

In 2020, CPCMS trainers offered webinar sessions 
for CPCMS/PACFile ranging from basic classes for 
criminal, dependency and delinquency processing 
to advanced and targeted topics such as interactive 
reports. 

Guardianship Tracking System (GTS) 
Guardianship Tracking System (GTS)

Since the initial training took place onsite in each 
county, ongoing training is always available to new 
court staff who work with the GTS to process and 
track the timely filing of mandated reports. 

In 2020, the training expanded into filing office clerk 
training – which typically had been done on site in the 
filing offices. Since the length of the training session 
is longer, the course has been split into multiple 
meetings and is offered virtually as well.

Last year, over 600 people registered for CPCMS/
PACFile, GTS and PACMS sessions. 

Questions about training webinars can be directed to 
the following:
•  MDJS: Lisa Polonia at lisa.polonia@pacourts.us or 

717-795-2000 x3648

•  CPCMS/PACFile, PACMS, GTS: Annita Ort at 

annita.ort@pacourts.us or 717-795-2000 x3037

Pennsylvania court technology 
again receives national recognition

The Pennsylvania Courts were once again selected in 
2020 as a two-time winner of the National Association 
for Court Management (NACM) and Court Information 
Technology Officers Consortium (CITOC) Technology 
Awards, both in the Court Management category. 

In recognition of improved communications, operational 
efficiencies and access to justice using web technology, 
the Pennsylvania Courts were selected as the winner of 
the Cross Boundary Award for its Clean Slate program.

This is just another recognition of the success of the Clean 
Slate program and the extraordinary impact it has had in 
Pennsylvania. The AOPC’s successful implementation of 

this automated process has sealed more than 48 million 
records on 35 million cases in a little over a year.

At the same time, the AOPC’s Language Access System 
won the Court Process Innovations Award for its 
optimization of the way people, processes and technology 
work together to transform courts.

The Pennsylvania Courts were presented with this same 
award in 2019 for the development of the Guardianship 
Tracking System.

Congratulations to the AOPC/IT employees for this 
outstanding recognition of Pennsylvania’s Judiciary once 
again as a leader in national court technology. 

4

(left) Commonwealth Court President Judge Kevin Brobson   (right) Outgoing Commonwealth Court President Judge Mary Hannah Leavitt 
swearing in incoming President Judge Kevin Brobson, pictured with his family.

Judge Brobson takes over as 
Commonwealth Court president judge

With his family by his side, Judge 
Kevin Brobson, recently took his 
oath of office to become the 11th 
president judge of Pennsylvania’s 
Commonwealth Court. Brobson, who 
began his 12th year on the bench in 
January will oversee administrative 
matters of the court, including 
budgeting, oversight of administrative 
offices, scheduling, special sessions, 
education and bench-bar interactions. 

Brobson succeeds President Judge 
Emerita Mary Hannah Levitt, whom he 
has known and worked alongside for 
years, even prior to his court service. 
During his remarks at the recent 
swearing-in ceremony, he noted PJE 
Leavitt as “simply the smartest, most 
thoughtful, and hardest working 
attorney with whom I have ever been 
associated (with no slight intended 
to any of the fine attorneys he has 
worked with over the years).”

“Had I not had the great fortune of 
coming to work with her early in my 
legal career, I am certain I would not 

be a Commonwealth Court Judge.  
She has made me a better lawyer, 
a better father, a better husband 
and a better judge. And I will be a 
better president judge because of her 
example.”  

As the court celebrates its 50th 
anniversary this year, Brobson 
reflected recently on its storied history 
and how it has grown and evolved in 
that time, taking particular pride in the 
“tradition of collegiality among judges 
on the Court.” 

“We handle some of the most 
complex cases that work through 
Pennsylvania’s judicial system.  Our 
Court benefits greatly from the 
diverse backgrounds of our judges 
and the way we work together to 
resolve these complex cases about 
how our government functions.”   

As he begins his new role, Brobson 
said his goal in the near term is to 
“navigate the Court through what 
remains of the COVID-19 pandemic 

and manage reentry into in-person 
court proceedings.” 

He is quick to note however, how 
the Court has worked to remain 
innovative, especially in these 
challenging times – a trend he would 
like to see continue and credits 
Court staff for their commitment and 
dedication.

“I am pleased with how our Court 
has kept pace with technology. I see 
fewer and fewer large binders of 
briefs and memos on the bench and at 
judicial conference.  Instead, we rely 
on electronic records, tablets, and 
notebook computers.  

“Our IT Department did an excellent 
job of deploying technology and 
working with counsel as we moved to 
remote oral arguments and hearings.  
I credit our judges for being so nimble, 
but our Court staff and the attorneys 
deserve high praise for their efforts 
and cooperation.”

5

Stronger 
together:
Judicial districts 
are hitting the 
gas, not the 
brakes, on family 
engagement 

By Angela Sager, Office of 
Children and Families in the 
Courts’ judicial analyst  

Now, more than ever, staying 
connected matters and no one 
understands that better than the 
15 Pennsylvania judicial districts 
participating in the Pennsylvania State 
Roundtables’ Family Engagement 
Initiative (FEI). 

The Roundtable is a collaborative 
effort among state and national court 
and child welfare professionals, 
started by Supreme Court Justice 
Max Baer and now led by Justice 
Kevin Dougherty on behalf of 
the Pennsylvania Supreme Court, 
Jon Rubin, Department of Human 
Services, Deputy Secretary for 
the Office of Children, Youth, and 
Families and Sandy Moore, Director 
of the AOPC’s Office of Children and 
Families in the Courts (OCFC). 

More than 15 years after creating the 
Roundtable, Justice Baer reflected 
on the important work being done. 
“We’ve come far, helping thousands 
of children and families along the 
way, but we have more work to do.  
I believe the FEI is going to make 
Pennsylvania’s child dependency 
system the best in the world.”

The FEI’s primary goals are to 
increase family involvement, reduce 
trauma to children and decrease 
the time children are separated 
from those who love and care about 
them. The core FEI practices used 
to accomplish these goals include 

enhanced legal representation, 
Family Finding-Revised and Crisis/
Rapid Response Family Meetings. 
The FEI counties receive additional 
support and resources through the 
OCFC.

Selected judicial districts 

Selected judicial districts and their 
county child welfare agencies apply 
for and are selected into the Initiative.   

The FEI first started in 2018 with five 
counties: Blair, Clinton, Lackawanna, 
Northampton and Union. In 2019, six 
additional counties were designated 
to participate: Beaver, Butler, Fayette, 
Snyder, Tioga and Venango. 

Four additional counties – Dauphin, 
Lehigh, Northumberland and 
Philadelphia – started the FEI in 
February 2020 just six-short weeks 
before the beginning of the COVID-19 
pandemic.

“In the middle of dealing with the 
unexpected operational challenges 

brought on by the pandemic, these 
judicial districts and their local 
partners remained focused on their 
commitment to the FEI, recognizing 
that involving families and promoting 
connections is at the core of what 
keeps children safe and helps families 
heal,” Justice Dougherty said. 

Moving forward with resilience 

Part of the education that FEI counties 
receive is on the topic of resilience. 
They learn how positive, reliable 
relationships remain at the core of 
building and strengthening resiliency 
in all of us, and especially children. 

“Despite the pandemic, we have 
continued the timely rollout of 
FEI, which is our highest priority 
in our dependency system,” said 
Administrative Judge of Philadelphia 
Family Court Margaret T. Murphy. 

“We recognize the importance of this 
initiative and the positive impact it has 
on our most vulnerable children and 

(continued ...)

January 2020: Just weeks before the pandemic hit, Philadelphia Family Court hosts an 
FEI Education Session conducted by OCFC for more than 250 judicial officers, lawyers 
and child welfare professionals. 

6

families. FEI is not just an initiative in 
Philadelphia; it is a movement.” 

Positive Outcomes

FEI counties continue to show positive 
outcomes. Some of these outcomes 
include: children under court 
supervision for shorter time periods, 
more dependent children remaining 
safely in their own home and more 
children in kinship care when out-of-
home placement is needed.  

While all three practices are designed 
to work together, of particular note 
is the data coming from Crisis/Rapid 
Response Family Meetings. These 
meetings gather family and kin to 
help quickly following an emergent 

97 percent of children 
remained safely in 
their own home or 
were placed with 
someone they love 
and very few became 
court involved.  

event that will likely result in a child’s 
removal from their home and occur 
generally prior to court involvement.  

In 2019, when families were 
involved immediately in a Crisis/

Rapid Response Family Meeting, 97 
percent of children remained safely 
in their own home or were placed 
with someone they love and very few 
became court involved.  

These FEI counties, through their 
strong collaborative relationships 
and commitment to child and family 
well-being, have demonstrated that 
despite the uncertainty of COVID-19, 
their own resilience has helped them 
succeed. 

This work is supported through the 
federal Court Improvement Program 
Grant designed to assist state courts 
with enhancing oversight of child 
welfare cases.

NEW DATA SHED LIGHT ON  
PANDEMIC-RELATED BACKLOGS

When the coronavirus pandemic forced courts to suspend 
in-person hearings [in 2020] case filings plummeted, and 
court leaders predicted that a flood of new filings later 
this year would cause backlogs that would bog down 
court dockets for months, if not years.  

To be sure, backlogs are an issue for state courts to 
address, but data from 11 states – the first substantial 
batch that has been analyzed since the pandemic began 
– show that the problem this year may not be as bad as 
initially thought, at least not in those states.

The number of cases filed in those states were notably 
low in traffic, juvenile and criminal courts. Case filings 
have returned to normal in probate courts and are 
not expected to spike in 2021. Courts may experience 
formidable backlogs in domestic relations and 
dependency cases next year, as well as in civil cases next 
year and beyond.

NCSC asked all 50 states for data and received it from 
11, including states with large populations (Texas, Ohio 
and Pennsylvania) and small (Idaho and Alaska), but the 
sample size is not large enough to make conclusions 
about the nation as a whole, said NCSC researcher Diane 
Robinson, who analyzed the data.

Robinson made other observations and predictions:

•  Civil cases are likely to rise. To take foreclosures as 

an example, there are a lot of people who aren’t going 
to get on the right side of their mortgages.

• 

• 

Improved economies often mean estranged, married 
couples can afford to separate. When the economy 
improves, as it may next year, expect to see a surge in 
divorce cases in domestic relations courts.

Individual courts in one of those 11 states may 
experience something different than other courts. That 
means some courts may experience severe backlogs 
in, say, juvenile courts, despite what the data show 
when combined across states.

• 

The biggest surprise from the data? Courts are seeing 
backlogs, but they’re not huge.

Although there is positive news in this data, Robinson 
urges court officials to keep a close eye on their filings 
and dispositions so they can prepare for potential 
backlogs that may not seem apparent now.

This content was reproduced with permission from the National Center of State Courts (NCSC). 

7

ersons who had managed to leave trafficking situations 
have been forced to return to their exploiters, and others 
engage in exploitative commercial sex or labor as they 
have lost their jobs, housing and medical insurance.

he Council on Foreign Affairs has reported that young 
women in the United States who cannot afford to pay their 
rents, or are financially vulnerable, are being subjected 
to sexual extortion by their landlords. Survivors with 
prostitution convictions are being asked to exchange sex 
for rent by landlords who can view their criminal histories 
online.

 

  P

  T

At a time when the risk for interpersonal violence is 
elevated, victims and survivors are still unable to fully 
connect with vital social service programs, like drop-in 
centers and specialized shelters.

COVID-19 is also helping to create the next generation of 
human trafficking victims. According to the World Bank, 
approximately 40 to 60 million people are expected to be 
pushed into poverty due to the pandemic.

idespread Misinformation

espite ongoing awareness efforts, human trafficking 

remains vastly misunderstood.

ovies and television shows have dramatized the crime 
to the point where it is only associated with action-packed 
stranger kidnappings and large-scale criminal enterprises. 
These misconceptions have been intensified recently via 
the spread of sensationalized social media posts about 

(continued ...)

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Human 
trafficking – 
connecting the dots

The COVID-19 pandemic has generated added risks and 
challenges for survivors and victims of human trafficking 
– while exacerbating socioeconomic inequalities that 
pave the way for trafficking victimization and creating new 
barriers to identifying those victims.

o make matters worse, a flurry of online conspiracy 

theories about human trafficking gained significant 
traction midway through 2020.

ith this mind, the Administrative Office of Pennsylvania 

Court (AOPC) has launched a digital awareness 
campaign in recognition of January as Human Trafficking 
Prevention Month.

nowledge is power – and the more realistic information 

about trafficking we disseminate, the more we can help 
victims and survivors improve their court experience.

uman Trafficking in Pennsylvania

ennsylvania enacted its first comprehensive anti-

trafficking law in 2014, Act 105. Since then, there have 
been 784 human trafficking charges initiated throughout 
the Commonwealth. Nationally, Pennsylvania currently 
ranks 9th in the country for calls to the National Human 
Trafficking Hotline. 

However, most anti-trafficking experts agree that such 
statistics are likely only the tip of the iceberg when it 
comes to the actual prevalence of trafficking in a given 
jurisdiction.

uman trafficking happens in urban, rural and suburban 

Pennsylvania communities. In 2019, Lancaster and 
Montgomery Counties ranked highest in percentage 
of human trafficking cases filed throughout the state, 
followed by Philadelphia, Monroe and Dauphin.

hese counties, while diverse, unfortunately only 

represent a subset of human trafficking in the 
Commonwealth.

OVID-19’s Impact on Victims and Survivors

s COVID-19 continues to threaten lives and create 
economic uncertainty, victims and survivors of human 
trafficking are more vulnerable than ever.
 

  T

  W

  K

  H

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  H

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  C

  A

Red flags 
to look 
for in the 
courtroom

Sometimes defendants may 
actually be victims themselves of 
sex or labor trafficking. Some signs 
to look out for might be if they:
 

Have a history of 
criminal convictions for 
prostitution, loitering, 
obstruction of the 
highway, retail theft 
and/or drug offenses.

Have a controlling 
guardian, partner 
or “sponsor” who 
provides their 
transportation to and 
from the courthouse, 
monitors their activity 
and/or seems to 
control their ability 
to communicate with 
others. 

Do not have control 
over their legal 
documents, including 
passport, state 
issued identification, 
immigration 
documents, and the 
like.

Work in an industry 
where they may feel 
pressured to engage 
in sex acts for money 
— such as a strip 
club, illicit message 
business or escort 
service. 

human trafficking conspiracy theories.

hese posts fuel the general public perception that human 

trafficking was not happening in their backyards and 
certainly not being perpetrated by someone within their 
community. Unfortunately, it is.

he bottom line is – human trafficking requires anonymity to 
prosper. Misinformation about trafficking hurts overall public 
understanding about the crime.

yths and misinformation can become so prevalent that 
they cause victims to not recognize their own circumstances 
as trafficking. The more misinformation is spread, the less 
likely actual victims will be identified.   

wareness Efforts

uring this past Human Trafficking Prevention Month, the 
AOPC began the launch of a digital awareness campaign to 
increase overall understanding about human trafficking.

he campaign includes social social media ads (a few of 
which are pictured above) pointing users to a newly created 
webpage where visitors can learn more about human 
trafficking in the Commonwealth. Additional judicial outreach 
will be rolled out throughout the year.

he webpage lays out important definitions and information 
on Pennsylvania-specific human trafficking law and details 
the vulnerabilities that can pave the way for a person 
to become involved in a trafficking situation, as well as 
scenarios that may raise red flags.

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more INFORMATION

For more information visit pacourts.us/learn/human-trafficking.

9

10

Judicial education efforts 
continue amid the pandemic

By Dr. Stephen Feiler, director of Judicial Education

MJEB test pod at a remote testing site.

With the emergence of COVID-19, 
public health concerns forced 
the cancellation of all in-person 
instruction, compelling a full 
transition to remote learning. While 
the shift came with its share of 
challenges, the opportunity to access 
judicial education remotely was 
widely embraced by judges across 
the Commonwealth.  

Continuing education for magisterial 
district judges – typically delivered 
at the Pennsylvania Judicial Center 
in Harrisburg – migrated to the online 
environment beginning in March. 

Staff worked with faculty to transition 
the Minor Judiciary Education 
Board (MJEB) 2020-2021 continuing 
education curriculum into a series 
of asynchronous courses that 
magisterial district judges could 
access remotely.  

Staff recorded faculty presenting 
to a small group of judges, who 
gathered at the PJC to ask questions 
and provide an interactive element 
to the videos. These recordings with 

supporting materials were then made 
available to a designated subset of 
judges each week.  

For trial and appellate court jurists, 
the Judicial Education Department 
worked with its law school partners, 
the PCSTJ Education Committee and 
others to identify courses that would 
translate effectively into an online 
environment. Symposiums planned 
by the Department and courses 
developed in collaboration with the 
PCSTJ Education Committee were 
delivered remotely.    

Working with faculty from across the 
country, staff facilitated interactive, 
web-based courses on a weekly 
basis throughout the year.  

Weekly offerings included faculty-
led discussions on topics ranging 
from DNA and forensic evidence to 
understanding the lexicon of social 
media emojis. Judges learned about 
medically assisted treatment options 
for opioid use disorders and explored 
the neurobiology of implicit bias and 
judicial decision making. 

11

During a typical course, between 
80 and 100 judges continued their 
education from the safety of their 
chambers or home office. Faculty 
offered insights, led discussions 
and highlighted best practices while 
judges debated issues, evaluated 
hypothetical fact patterns and 
engaged in adjudicatory exercises.    

During 2020, trial and appellate 
court jurists recorded just over 
10,500 hours of continuing education, 
an average of more than 16 hours 
per judge. Nearly 40 percent of these 
hours (3,711) were earned through 
courses delivered remotely through 
the Department’s remote series.     

Magisterial district judge 
certification goes virtual 

Magisterial district judges who are 
not lawyers are required to attend 
a four-week certification course 
and earn a passing grade on a 
certification exam prior to assuming 
their duties.

With the 2021 judicial election 
cycle on the horizon, the MJEB 

had to determine how to offer the annual certification course and exam to 
prospective magisterial district judges while adhering to public health and 
safety protocols.  

The Board determined, however, that conducting an in-person certification 
course during June, as they typically do, was not in keeping with the CDC’s 
recommended mitigation measures. Instead, the MJEB asked Department staff 
to take measures necessary to deliver the certification class remotely. 

This was the first time certification training would be offered remotely. Through 
its partnership with Duquesne University School of Law, the Department was 
able to enhance participants’ experience by utilizing a learning management 
system designed to increase interaction in an on-line learning environment.  

To promote interaction, learners were encouraged to set up study groups. 
Students and faculty actively communicated using the available chat feature, 
and shared supplemental materials and multi-media exhibits in the course 
repository.

The final certification exam – which all non-lawyer candidates are required to 
pass before taking office – was offered regionally to lessen potential risk of 
COVID exposure during the live exam. Students were divided into groups of 10 
or fewer and assigned to one of six remote-testing sites nearest to their homes.  

Masks and individual hand sanitizers were provided at each site. Exams were 
distributed in sealed envelopes to minimize handling and social distancing 
requirements were enforced. To the delight of everyone involved, all testing 
sites reported that the exam was administered without complication or 
incident.    

While the pandemic strained personnel and resources in so many ways, staff 
adapted to continue to provide Pennsylvania’s judges with the meaningful and 
accessible education necessary to fulfill their important duties. 

Holiday cheer in  
Wyoming County courts 

While many events and traditions had to 
change this year due to the pandemic, 
Wyoming County was still able to spread 
the holiday cheer through some friendly 
competition.

Normally, the county court holds a 
Christmas luncheon for all of their 
employees, but when it was canceled for 
health and safety reasons, they instead 
decided to hold a door-decorating 
contest with all proceeds raised going to 
a courthouse employee who had been 
recovering from COVID.

When the results came in, court 
administration was the winner!  Terilyn 
Wickizer, Deputy Court Administrator and 
Court Administrator Jessica Ellis, Esq. 
won with this decoration.

12

Editors
Stacey Witalec
Kim Bathgate

Writer
Casey Scheffler

Contributors
Patti Campbell
Rhonda Hocker
Stephen Baldwin

Graphic Design
Gretchen Smith

Photography
Justin Scott

Court Administrator of PA
Geoff Moulton

Assistant Court Administrator of PA
Andrea B. Tuominen

All content is collected, written 
and edited by the AOPC 
Communications Office 
unless noted. 
You may reach the office 
by calling: (717) 231-3300 
or by emailing: 
CommunicationsOffice@pacourts.us

For more information about 
Pennsylvania’s courts, visit: 
www.pacourts.us

Twitter @PACourts
Facebook @PACourts
YouTube @PACourts
Instagram @pennsylvaniacourts

Supreme Court of Pennsylvania

Thomas G. Saylor
Chief Justice of Pennsylvania

Max Baer
Justice

Debra Todd
Justice

Christine Donohue
Justice

Kevin M. Dougherty
Justice

David N. Wecht
Justice

Sallie Updyke Mundy
Justice

Legislative roundup by Damian J. Wachter, Esq.

The 2021-22 General Assembly was sworn in on Jan. 5, and a number of bills of interest 
The 2021-22 General Assembly was sworn in on Jan. 5, and a number of bills of interest 
have already been considered in one or both chambers. On Feb. 3, the governor delivered 
have already been considered in one or both chambers. On Feb. 3, the governor delivered 
his budget address, and the House will conduct budget hearings throughout the month of 
his budget address, and the House will conduct budget hearings throughout the month of 
February. The Senate budget hearing schedule is being held off until later in the spring. 
February. The Senate budget hearing schedule is being held off until later in the spring. 
House and Senate voting sessions will be held sporadically through May, and then fairly 
House and Senate voting sessions will be held sporadically through May, and then fairly 
consistently in June leading up to the adoption of the budget.     
consistently in June leading up to the adoption of the budget.     

Budget Proposal
Budget Proposal

For the fifth consecutive year, the governor proposed flat-
funding for the judiciary. The judicial request presented 
to the governor proposed a modest increase to address 
the recurrence of flat-funded final budgets over the last 
several fiscal years. 

Appellate Judicial District Elections
Appellate Judicial District Elections

A proposed constitutional amendment to change how 
appellate jurists are elected has been introduced again 
this session. Specifically, members of the Supreme, 
Superior and Commonwealth Courts would be elected 
from judicial districts drawn by the legislature, as opposed 
to running statewide. Under the amendment, the number 
of jurists elected from districts “shall provide every 
resident … with approximately equal representation on 
a court … [and] each judicial district shall be composed 
of compact and contiguous territory as nearly equal in 
population as practicable.” 

Should the amendment be adopted, the General 
Assembly would have to establish in law:
• 

a process for the transition to an appellate court 
judiciary elected from districts;

• 

• 

• 

the impact of set judicial districts upon eligibility to 
seek retention;
the order in which judicial districts shall elect 
appellate court jurists; and
decennial realignment of appellate judicial districts. 

Constitutional amendments must pass in successive 
legislative sessions and then be submitted to the 
electorate for approval. This amendment passed the 
General Assembly for the first time last year. The bill this 
session – HB 38 – was voted out of the House Judiciary 
Committee by a slim 13-12 margin on Jan. 13. It still 
requires multiple steps and it is unlikely to be completed 
in time for the May ballot. 

Governor’s Emergency Powers, Concurrent 
Governor’s Emergency Powers, Concurrent 
Resolutions and Equality of Rights
Resolutions and Equality of Rights

Another proposal contains three separate and distinct 
amendments to the constitution. The first would govern 
disaster emergency declarations and management. It 
would allow the governor to declare an emergency via 
executive order or proclamation upon a finding that a 
disaster has occurred or that the occurrence or threat of 
a disaster is imminent. Any declaration would have to 
indicate the nature of the disaster. The General Assembly 

13

All three bills have passed the Senate and have been 
referred to the House Judiciary Committee.

Custody
Custody

SB 78 would create Kayden’s Law, comprehensive 
changes to the custody law focusing on the health and 
safety of children. In addition to consideration of the 
statutory custody factors, courts would also have to 
consider party criminal charges and convictions, child 
abuse and involvement with protective services in custody 
decisions. Courts finding a history of abuse that award 
any form of custody to an abusing party, would have to 
include in the custody order certain safeguards required 
by the bill. 

The legislation would add a number of new custody 
factors and clarify that a party’s reasonable concern for 
a child’s health and welfare and efforts to protect the 
child are not considered attempts to turn the child against 
the other party. Additionally, the bill would codify that a 
child’s deficient or negative relationship with a party shall 
not be presumed to be caused by the other party. The bill 
would allow (as current law requires) the court to appoint 
a guardian ad litem (GAL) for the child if substantial 
allegations of abuse are made and remove from current 
law the phrase “of child” to clarify that the abuse can be 
toward others. Finally, the bill would allow the AOPC to 
develop and implement an ongoing child abuse education 
and training program for judges, MDJs and relevant court 
personnel, including GALs, counsel for children, masters 
and mediators. 

The bill was reported unanimously from Senate Judiciary 
on Jan. 25. 

{Damian Wachter, Esq. is the assistant director 
of Legislative Affairs.}

by law would have to develop the manner in which each 
type of disaster must be managed. Disaster emergency 
declarations would only be in effect for 21 days unless 
otherwise extended by a concurrent resolution of the 
General Assembly. Upon the expiration of a disaster 
emergency declaration, the governor would be prohibited 
from issuing a new disaster emergency declaration 
based upon the same or substantially similar facts and 
circumstances without the passage of a concurrent 
resolution of the General Assembly. 

The second proposed amendment would clarify that 
concurrent resolutions terminating or extending disaster 
emergency declarations do not have to be presented to 
the governor for approval. 

The third and final amendment would add language 
stating that equality of rights under the law shall not be 
denied or abridged because of race or ethnicity. 

This particular amendment passed the General Assembly 
for the first time last year. The bill this session – SB 2 – 
was passed by the Senate (28-20) on Jan. 26, and by the 
House (116-86) on Feb. 5. The advertisement process is 
underway to place these questions on the May ballot.

Vacancies in the Office of District Attorney
Vacancies in the Office of District Attorney

Three bills – SB 84, SB 85 and SB 86 – have been 
introduced seeking to bring some level of consistency 
in the way vacancies in the Office of District Attorney 
(ODA) are filled, building off the passage of Act 78 
of 2020. Senate Bill 84 would extend the provisions 
passed in Act 78 currently governing fourth through 
eighth class counties, to second class A and third class 
counties. Specifically, the Court of Common Pleas would 
appoint the first assistant district attorney (FADA) upon 
a showing that the FADA satisfies statutory eligibility 
and qualifications. If the FADA does not satisfy the 
requirements, the Court of Common Pleas would be 
directed to fill the vacancy with a competent person who 
does. 

Senate Bill 85 seeks to enact similar provisions for second 
class counties, but the language is not identical to SB 
84. Under both bills, the individual appointed would 
serve until the first Monday in January following the next 
municipal election. 

Senate Bill 86 prohibits language in home rule charters 
from granting any powers to municipalities contrary to, or 
in limitation or enlargement of, powers granted by statutes 
applicable to classes of municipalities (e.g., county codes). 
Under the bill, this would include the procedure for the 
filling of vacancies in the ODA. The bill states the intent 
is to preempt and supersede any contrary provision in a 
county home rule charter, ordinance or code.

14

Survey aims to strengthen court’s 
response to interpersonal violence

By Amy Kehner, AOPC Judicial Programs administrator

The Administrative Office of Pennsylvania Courts (AOPC) 
is currently partnering with the Center for Court Innovation, 
a nationally-recognized non-profit, to conduct a survey on 
protection orders throughout the state. 

This comprehensive survey will review protection order 
processes statewide to inventory existing practices, 
make recommendations and share best practices for 
implementation, while assessing how the COVID-19 
pandemic has impacted the court’s procedures for handling 
all types of protection orders.

The survey was made available to all interested 
stakeholders at the beginning of 2021 and results are 
currently under review.

During the initial stages of this project, the AOPC and Center 
for Court Innovation team assembled a diverse Advisory 
Group to help vet the survey and encourage Commonwealth-
wide participation.

The Advisory Group participants (made up of judges, district 
attorneys, defense counsel, public interest attorneys, court 
administrators, clerks, victim advocates and other relevant 
stakeholders) hail from counties of varying population size 
and demographics, and have all played a pivotal role in 
assuring the survey is reflective of what they have seen on 
the ground during protection order cases.

The AOPC and Center for Court Innovation team are also 
selecting six to eight jurisdictions to participate in deeper 
on-site evaluations. The jurisdictions chosen will be 
representative of Pennsylvania’s various urban, suburban 
and rural populations.

These site evaluations will help the team gain an on-the 
ground understanding about how the various types of 
protection orders are handled and provide valuable context 
to the results of the survey.

Both this survey and the site evaluations are important 
opportunities for Pennsylvania’s courts to enhance protection 
order procedures and strengthen responses to interpersonal 
violence, overall.

Once the results from the survey and on-site evaluations are 
fully reviewed and analyzed, the AOPC and Center for Court 
Innovation team will work with the Advisory Group to compile 
recommendations based on the findings.

These recommendations will highlight areas in need of 
improvement and guide future judicial training decisions.

15

Language Access 
receives SJI grant

By Mary Vilter, Court Access coordinator and  
Chase Emanuel, Court Access analyst

The State Justice Institute (SJI) has awarded the 
Administrative Office of Pennsylvania Courts (AOPC) a 
$40,000 grant for translation of statewide court forms.

The grant will allow the Unified Judicial System (UJS) to 
complete the last major task under the Language Access 
Plan adopted by the Court in 2017 of implementing the 
UJS Translation Policy & Procedures Manual.

This manual, the development of which was previously-
funded by SJI, was drafted by staff and consultants at the 
National Center for State Courts, in collaboration with the 
translation subcommittee.

In order to implement the project, AOPC had already 
strengthened a translation subcommittee of the 
Monitoring and Evaluation Team led by AOPC’s Interpreter 
Certification Program Administrator Osvaldo Avilés and 
supported by Court Access Coordinator Mary Vilter and 
Court Access Analyst Chase Emanuel.

The subcommittee includes two professional translators 
(Mariana Stolee and Bridget Hylak), a legal services 
attorney (Peter Zurflieh, Esq.) and an interpreter who is 
also her district’s language access coordinator, Rebecca 
Murcia. The team also includes Bucks County Magesterial 

AOPC presents at Guardianship 
Oversight Colloquium

The Administrative Office of Pennsylvania Courts 
(AOPC) Office on Elder Justice (OEJC), as well as the IT 
department, were recently honored with an invitation to 
present an overview of the Pennsylvania’s Guardianship 
Tracking System (GTS) at the Massachusetts 
Guardianship Policy Institute’s 2020 Colloquium on 
Guardianship Oversight on Dec. 3, 2020. 

The colloquium was a two-day presentation to highlight 
best practices in guardianship oversight. Presenters 
included experts in guardianship from Massachusetts, 
Washington DC, New Mexico, Utah, Idaho, the National 
Center of State Courts and of course – Pennsylvania.

The AOPC garnered the invitation as a result of the 
national exposure the GTS received through an article 
published in the March-April 2020 edition of the American 
Bar Association’s Commission on Law and Aging 
e-journal, BIFOCAL. 

Pennsylvania was represented at the colloquium by 
the Honorable Paula Francisco Ott, chairperson of the 

16

District Judge Michael Perucci, along with five members 
of court administration – Mark Dalton (Lancaster), Amy 
DeMatt (Westmoreland), Kendra Miknis (Centre), John 
Savoth (Montgomery) and Kerry Turtzo (Lehigh). 

The group is particularly well suited to the task before it, 
as the members have on-the-ground experience with and 
knowledge of those case types and accompanying court 
forms that have high usage by limited English proficient 
(LEP) litigants.

In anticipation of the high volume of eviction proceedings 
expected to coincide with the expiration of the CDC’s 
eviction moratorium, AOPC will begin its translation work 
with landlord-tenant court forms.

It will move on to translate expungement forms due to the 
importance of the Clean Slate Initiative in Pennsylvania. 
The committee will then continue to choose forms based 
on a prioritization process set out by the Translation 
Manual, focusing on forms that have high LEP usage and 
affect basic rights ...and involve proceedings during which 
an individual may lose their right to liberty or property.

Forms will be translated into languages for which 
interpreters are most frequently requested in the UJS, 
including: Spanish, Arabic, Chinese, Russian, Nepali and 
Vietnamese. The translated forms will be produced in 
fillable format and posted on the bilingual forms page of 
the UJS website.

Advisory Council on Elder Justice, Amy Whitworth, IT 
analyst manager and Keith Hinkel, OEJC analyst.

The GTS presentation included an overview of the project 
to implement the statewide system, as well as a summary 
of featured functionality – including the GTS’s statewide 
guardian repository, compliance tracking mechanisms, 
electronic notifications, statewide alerts, automated flag 
logic and statistical reporting capabilities.

Pennsylvania’s GTS was very well received with members 
of the colloquium’s audience and several different states 
requesting additional information.

Court collaboration and communication 
during a time of crisis

In December, CCJ/COSCA held a live webinar where 
speakers, including Judge Jill E. Rangos, administrative 
judge of the Criminal Division of the Allegheny County 
Court of Common Pleas, discussed how criminal courts 
have witnessed unprecedented societal challenges over 
the past year.

From the COVID-19 pandemic to the emergence of civil 
unrest challenging the fairness of the criminal justice 
system, the webinar addressed the need for collaboration 
among justice system partners during a time of national 
crisis.  

Among many useful topics, Judge Rangos spoke in detail 
during the webinar about some of the strategies that 
Allegheny County in particular has been using to make 
sure defendants’ rights were being preserved during the 
pandemic and what the courts have been doing to keep 
all court users safe.

One of the significant issues that Judge Rangos spoke 
about was making defendant forms available in an 
interactive format online so that attorneys and clients 
didn’t have to be in same room to fill them out. 

“All of the forms were designed to make sure defendants 
and their attorneys could engage remotely,” she 
explained. 

When discussing the role of the courts and furthering 
communication and collaboration, Judge Rangos then 
spoke about the Carnegie Mellon University produced 
video showing people how exactly they were resuming 
jury trials and demonstrating the new protocols, like how 
the courts were picking juries in a large convention center. 

The video was designed to ensure people that the courts 
are doing everything possible to protect them – from 

temperature checks and Plexiglas, to a completely new 
courtroom set-up. 

Judge Rangos also spoke about how the courts have 
tried their best to make sure there is no unneccesary 
congregating in the courthouse.  

“Through a case status conference Order, we required 
attorneys to be in touch with each other and then 
communicate with the court what they intend to do on the 
upcoming court listing,” she explained.

“So when we were in the building if it was going to be 
postponed, we wanted to know that beforehand so no one 
had to come to the courtroom – whether it’s witnesses, 
parties or attorneys. If it’s going to be postponed, the 
form is now online and they can submit the form with the 
explanation of why and the court will either grant or deny 
it in advance.” 

Among many other important topics that Judge Rangos 
covered, these were a few examples of how the Allegheny 
County courts are still communicating and collaborating 
during these strange times we’re in – all of which are 
simualtnaeously designed to keep the courts functioning 
while also helping to keep  court staff and users safe.

New Counsel to the Criminal 
Procedural Rules Committee 

After 22 years of service with 
the Court, Jeff Wasileski, Esq. is 
retiring as Counsel to the Criminal 
Procedural Rules Committee. As a 
former assistant district attorney, 
Captain in the Navy JAG Corps, avid 
historian, and actor in community and 
professional theatre, Jeff was able 
to draw on his diverse experience to 

assist the Committee in advising the 
Court on procedural matters. He looks 
forward to a well-earned retirement 
and spending more time with his wife, 
Debra, and their two grown children, 
Nick and Maya.

Stepping into the role of Counsel 
is Josh Yohe, Esq. who worked 

previously as a senior assistant district 
attorney and judicial law clerk, and 
currently as a senior assistant public 
defender. In addition to his criminal 
justice experience, Josh is also a piano 
aficionado with a Master of Music in 
Composition from Carnegie Mellon 
University.

17

Celebrating Black History Month 
In recognition of Black History Month, February provides us with 
an annual opportunity to reflect on how diversity on the bench 
inspires courts and the communities they serve. AOPC interviewed 
several judges to learn how their own history and experiences 
have shaped them – both as individuals and as judges. Some of 
their answers are highlighted in this video, originally produced by 
AOPC Communications in 2019.

New court administrator school – pandemic style
By Rick Pierce, AOPC Judicial Programs administrator

The pandemic of 2020 has forced many changes upon 
our courts and administrators regarding how we conduct 
our business, how we communicate with our stakeholders 
and with one another and how we learn. Like successful 
professionals of any vocation, we adapt. 

The New Court Administrator Class of 2020 proved 
worthy to the challenge this pandemic has laid before 
them. As court professionals, many of them came into 
their current position in the middle of the most devastating 
public health crisis in the past one hundred years. 

Our courts and the process of administering justice have 
been impinged upon like no other event has done, yet 
these administrators did not blink.

Education no longer came in an in-person setting where 
administrators could ask fellow colleagues questions 
face to face, share court profession experiences or even 
establish relationships – personal and professional. In 
spite of the restrictions, 24 court officials, including six 
district court administrators, completed a ten-week series 
of webinars conducted this past summer and fall. The 
exclusively virtual events focused on the purpose and 
responsibilities of a court leader. 

As in past years, the focus was placed on the individual 
attendee which is a completely different setting to the one 
we employ. We know that as leaders of the courts, the 
focus should be given to those whom the courts serve. 

Presentations on leadership, human resource 
management, relationship building with key players (such 
as president judges and other vital stakeholders like 
county executives, the AOPC and one’s staff) serve to ring 
home this important message of servitude leadership. 

Relationship building is at the core of every session of our 
orientation program and so we must strive to develop and 
sustain these vital connections. Relationships, after all, 
will determine the level of success all of us achieve in our 
profession. This is what many will call our purpose.

Our responsibilities or tasks vary somewhat from district 
to district, predicated upon size of the court and perhaps 
the unique make up and interest each court may have in 

18

relation to court administration. 

At its center, the primary responsibilities of court 
administration begin with caseflow and workflow 
management. 

Surrounding caseflow – there are other specific disciplines 
such as fiscal administration, data collection and analysis, 
jury management, and monitoring court facilities and the 
needs of staff and judges to adequately perform their 
tasks on a daily basis. 

These have never been more important than this year 
where the pandemic has restricted use of said facilities, 
and the administration of the minor judiciary – all of which 
were covered during the ten-week program. 

Seasoned court administrators and AOPC staff provided 
the instruction on these topics as well as guidance on 
court security, right-to-know/public access and language 
access in the summer, succeeded by webinars on the 
essential components of court operations and personnel 
management as noted previously. 

The Class of 2020 learned about their responsibilities and 
we all benefited from their knowledge and experience. 

It is our hope that we can build upon this virtual 
experience and grow the relationships with this class so 
that all of us, including this class of administrators, can 
fulfill their purpose of servitude leadership each and 
every day.